Sleep apnea decisions — 2012

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's low back disability was rated at 20 percent from April 8, 2006 to August 16, 2008.

The Veteran's current left shoulder disability is presumed to be related to service, as evidenced by his reported symptoms and the VA examination.,Service connection for aplastic anemia has been granted based on a finding that it was caused by in-service exposure to benzene.

Throughout the rating period on appeal, the Veteran's lumbosacral spine disability has been manifested by forward flexion of at least 90 degrees and combined range of motion not less than 150 degrees due to pain on motion; no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour; no ankylosis; and no incapacitating episodes. The criteria for an increased evaluation in excess of 10 percent have not been met.

The Board has determined that the Veteran's lumbosacral strain warrants a 20 percent rating, with consideration of his symptoms and functional impairment. The claim for service connection for bilateral numbness of the lower extremities is denied as there is no evidence linking these symptoms to service or any existing condition.

The Board has determined that the appellant's character of discharge from service is not a bar to VA benefits, and therefore grants his appeal seeking to establish this point.

The Veteran's hearing loss is granted as service connected, and his obstructive sleep apnea and chronic bronchitis are both found to have at least some portion of their onset in service. The Veteran's increased rating for chronic bronchitis is also granted.

The Board has determined that the Veteran's lumbosacral strain does not warrant a rating in excess of 20 percent, as his range of motion and symptoms do not meet the criteria for a higher evaluation under the applicable VA Rating Schedule.

The Board has decided to remand the case for further development, including obtaining National Guard records and clarifying service dates. The Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine will be reconsidered.

The Veteran's service-connected disabilities are rated as 100% disabling, but he is unable to secure or follow a substantially gainful occupation due to his disabilities. The case is REMANDED for further development and an appropriate VA examination.

The Board found that the Veteran's degenerative joint disease of the lumbar spine was not incurred or aggravated in service and is not proximately due to, or the result of, his service-connected bilateral knee disabilities.

The Veteran's lumbar spine disability is currently rated at 40 percent, and radiculopathy of the right lower extremity is rated as 20 percent disabling. Radiculopathy of the left lower extremity has been rated as moderately severe since August 8, 2011.

The Board has granted service connection for heart disease, but denied service connection for sleep apnea and headaches due to lack of evidence linking these conditions to service or exposure to herbicides.

The Board found that the Veteran did not suffer from sleep apnea during his active service or for many years thereafter, and there is no competent evidence of a nexus between his current condition and his active service. As such, the claim for service connection was denied.

The Board has granted the Veteran's claims of entitlement to service connection for sleep apnea and left shoulder disorder, finding that there is at least a reasonable doubt in favor of his claims based on credible lay statements of record.

The Board has remanded the Veteran's appeal due to the need for additional development of his claims, including obtaining treatment records and conducting VA examinations.

The Veteran's appeal has been withdrawn as to his right knee disorder, left knee disorder, hearing loss, multiple arthralgias (joint pain), and carpal tunnel syndrome.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is proximately due to his service-connected sinusitis and rhinitis.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as determined by the VA examination. The case is REMANDED for further evaluation and consideration.

The Board finds that the appellant has failed to present evidence showing that VA's care or treatment caused or contributed significantly to the Veteran's death. The medical records indicate multiple health issues, including COPD and coronary artery disease, which were treated by VA prior to his death.